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Updated 7 days ago on . Most recent reply

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Taik Kim
9
Votes |
9
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Need help with eviction!

Taik Kim
Posted

Hi,

This is my first question on BP but I feel desperate. 
I am new to investing and decided to go with a Turnkey company in Alabama to start my journey. 
Purchase was in Dec 2024 and since then I have received one months rent in Jan and never received another. 
Tennant is still “in process” of eviction with no end in sight.

Everything is being handled by the PM for the Turnkey company and though they answer my questions, they are not able to tell me when things will get sorted out. 

My question is - Is this normal for it to take more than 6 months to evict a tenant? Is this the best way to handle it? Shouldn’t we have considered cash for keys? What would you do in my situation? 

Thank you BP community for reading this. 

God bless,

Josh

Most Popular Reply

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1,585
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Denise Evans
  • JD, CCIM , Real Estate Broker
  • Tuscaloosa, AL
1,504
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1,585
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Denise Evans
  • JD, CCIM , Real Estate Broker
  • Tuscaloosa, AL
Replied

You are allowed to put them out if they appealed but did not pay all past due rent into court and pay each month's rent into court as it comes due. Here is an example of a time when that was dangerous. Landlord was Property Owner Pete. Property Manager was Property LLC, a completely independent third party company not owned or connected with Property Owner Pete. The lease described "Property LLC" as landlord, and Tim Tenant (made up names, of course) as tenant. Tim defaulted, Property LLC filed an eviction lawsuit with its name as Plaintiff, obtained a judgment, obtained a turn out order and put everything out on the street where the neighbors stole almost all of it.

Several months later Tim Tenant talked to an attorney, who said, "Property LLC was not the property owner and so not legally your landlord. The wrong party filed the eviction lawsuit. As a result, the eviction judgment was void, the turnout order was void, the landlord had no authority to put the stuff out on the street and is liable to you for damages because all your stuff was stolen."

There is a variety of reasons why a turnout order might be void. That's scary. If the lawyer recommends you do something and it turns out the order was void and you get sued, you will then sue the lawyer for malpractice.  That is REALLY scary to the lawyer. So, it's just easier to be conservative and tell you to do nothing until it's all over.

I was trained by a very good lawyer who told me, among other things, "Denise, it is your job to explain the law and the consequences of different decisions so that your CLIENT can make a decision about what they want to do. It is NOT your job to make decisions for your client by withholding possible options and making it so they have no decision to make, they just have to do what you tell them to do."  My clients always appreciated that approach. But, it is rare.

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